Posted: 11/20/02

Upperdeck owner in FL cleared

Cliff Buchan
News Editor

Bo Bogotty has been exonerated. The owner of Upperdeck in Forest Lake and Ricciís Saloon in Hugo wonít be the subject of criminal charges after all.

A year ago Bogotty seemed to be in a heap of trouble after agents from the Minnesota Department of Public Safety, alcohol and gambling enforcement division executed search warrants at both businesses and Bogottyís home in White Bear Township.

Bogotty was accused of theft and fraud in connection with charitable gambling operations selling pull-tabs at the businesses in Forest Lake and Hugo.

A year ago, Bogotty told the newspaper the probe would be proven to be ìuntrue and unfounded.î

This week, Bogotty is proving to be prophetic.

The bar and restaurant owner has been exonerated in the theft/fraud case with a decision this fall by the Washington County Attorneyís Office to decline prosecution of Bogotty.

The search warrants issued a year ago targeted cleaning and rubbish hauling charges billed to the two charitable gambling organizations, American Legion Auxiliary Unit 225 and the Forest Lake Hockey Association. The case alleged that charges paid by the two organizations to corporations owned by Bogotty were excessive.

But a review of the case by the county attorney did not result in the same conclusion.

In a letter to Cliff Emmert, special investigator for the alcohol and gambling enforcement division, Eric Thole, an assistant county attorney, said the following:

ìWe have reviewed the reports regarding Bo Bogotty and are declining to prosecute Bogotty at this time. We reviewed the case as a theft/fraud case with the charitable organizations as victims.

ìMinnesota Statutes 349 is limited to license holders and would also be out of our jurisdiction, because the penalties donít meet the felony threshold.î

Thole said to prove theft or fraud, the county would need to prove beyond ìa reasonable doubtî that either the Legion Auxiliary or the hockey association ìunknowinglyî were taken by Bogotty.

ìThe case involving the hockey association is difficult because the evidence shows the association knew they were agreeing to pay a portion of expenses that Bogotty never incurred,î Thole wrote. ìIt appears the association chose to pay more than they were supposed to, so they could guarantee placement in Bogottyís bar.

ìThe associationís actions are equivalent to legal consent, which negates any kind of criminal charge of theft against Bogotty.î

In the matter involving the Legion group, Thole said the case was hampered by the fact the Auxiliary and Bogotty contracted the specific amounts of electricity, garbage and janitorial services. The Auxiliary agreed to a specific dollar figure and was charged that figure, Thole wrote.

ìThe Auxiliaryís remedy is to sue for breach of contract,î the county attorney wrote.

Bogotty speaks

Although criminal charges have been dropped, Bogotty says he is not through with the case.

The bar owner said he is moving ahead with legal action to recover some $65,000 in legal fees spent in his defense.

As a result of the state probe, Bogotty said his family and business reputation have been ìtarnishedî which also resulted in loss of sales.

Regarding the special investigator in charge of the case, Bogotty said Emmert acted in ìthe cruelest malicious way.î Bogotty said he would have cooperated had authorities simply asked for cleaning records.

ìIs this really justice? I say no. Itís government at its worst,î Bogotty said.

State case ends

Emmert this week confirmed an end of the state case involving Bogotty.

He said evidence in the case was presented to the county attorney and the county did not feel it could prosecute.

ìOur case is closed and thatís the end of it for us,î he said.

Emmert said he wished the county could have seen the case otherwise, but accepted the decision to decline prosecution.

ìThatís a decision they have to make,î he said. ìThey are the ones who make the final decision.î

Is the case completely at an end?

Emmert said the fact that two Internal Revenue Service agents took part in the search warrant exercise a year ago shows some interest by other enforcement agencies. But Emmert refused to elaborate.

ìI canít even comment if they have an investigation,î he said of the IRS role.

Top of Page